Moores v. Tomlinson
North Dakota Supreme Court
From a judgment of the District Court of Steele County, Pollock? L, defendants appeal. Fraud is a question of fact in this jurisdiction, and must be pleaded. The bill of sale upon which appellants relied could only be impeached for fraud, and since this was not pleaded, the court’s ruling thereon was error. Harkins v. Cooley, 5 S. D. 227, 58 N. W. 560; Cobb v. Cole, 55 Minn. 235, 56 N. W. 828, 51 Minn. 48, 52 N. W. 985; 8 Ene. PL & Pr. p. 945, notes 1 and 2; State ex reí.
Read the full summary
From a judgment of the District Court of Steele County, Pollock? L, defendants appeal. Fraud is a question of fact in this jurisdiction, and must be pleaded. The bill of sale upon which appellants relied could only be impeached for fraud, and since this was not pleaded, the court’s ruling thereon was error. Harkins v. Cooley, 5 S. D. 227, 58 N. W. 560; Cobb v. Cole, 55 Minn. 235, 56 N. W. 828, 51 Minn. 48, 52 N. W. 985; 8 Ene. PL & Pr. p. 945, notes 1 and 2; State ex reí. Dorgan v. Fiske, 15 N. D. 219, 107 N. W. 191; Dalrymple v. Security Land & T. Co. 9 N. D. 306, 83 N. W. 245; Paulson v.…
1Opinion of the CourtChristianson, J.
This is an action for the foreclosure of a certain chattel mortgage executed and delivered by the defendant Glen E. Tomlinson to the plaintiffs on March 30, 1911. The execution of the notes and mortgages and the amount due thereon is admitted, but the defendant Charles Tomlinson in his answer claims to be the absolute owner of all of the property described in the mortgage which plaintiffs seek to foreclose by virtue of a bill of sale executed and delivered to him by the defendant Glen E. Tomlinson on January 26, 1911.
The action came on for trial upon the issues as framed by these pleadings,…
2Cases cited9 opinions
- McCarthy Bros. v. HanskuttSouth Dakota Supreme Court · 1912
- Koester v. Northwestern Port Huron Co.South Dakota Supreme Court · 1910
- Lake v. MorrisSupreme Court of Connecticut · 1861
- Erickson v. ElliottNorth Dakota Supreme Court · 1908
- American Case & Register Co. v. Walton & Davis Co.North Dakota Supreme Court · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bekken v. Equitable Life Assurance Society of the United StatesNorth Dakota Supreme Court · 1940
- Petrie v. WymanNorth Dakota Supreme Court · 1916
- De Walt v. HeerenNorth Dakota Supreme Court · 1924
- Pfaffengut v. Export InsuranceNorth Dakota Supreme Court · 1927
- Baird v. KottkeNorth Dakota Supreme Court · 1929
7 more not listed; retrieve them via the Exa API.